In a personal injury case, the individual, people, or company that caused your injury is called the tortfeasor. Generally speaking, and especially if your case settles and does not go to trial, most of your contact will be with the insurance company responsible for covering the tortfeasor. If your case ends up going to trial instead of settling, then the tortfeasor will be referred to as the defendant, and you will be referred to as the plaintiff. While your Marietta personal injury lawyer will keep you informed as to the progress of your specific case, how the tortfeasor plays a role in the case is relatively standardized.
Right after the incident that caused your injury, the insurance company in charge of covering the tortfeasor contacted them about it. The appropriate insurance claims adjuster took statements and received reports from either the person or people who caused your injury or a representative of the company that is responsible for your injury. It is likely that the adjuster recorded these statements, so there probably are written reports or transcripts which could be of interest to your Marietta personal injury lawyer as evidence. After this initial investigation, there will probably be very little or no contact between the insurance company and the tortfeasors. Except in some medical malpractice cases, the insurance company’s representative will not update the tortfeasor with information about the progress of the case. Usually, the tortfeasors will continue their daily lives in the hopes that the case will simply be settled between your Marietta injury attorney and the insurance company without their involvement.
If that does not happen and the case goes from settlement negotiations to litigation, the tortfeasor’s insurance carrier will contact him again. This is because although the insurance company is hiring a lawyer and will likely be responsible for paying the settlement or verdict, they are doing the former on the tortfeasor’s behalf. In other words, the lawsuit is to be filed by your Marietta personal injury attorney against the tortfeasor, not the insurance company. The insurance company will then hire a Marietta lawyer to protect the tortfeasor. From this point on, the tortfeasor will be obliged to participate in the legal process of the lawsuit and to cooperate with the Marietta lawyer assigned.
The Georgia personal injury attorneys at Braun and Ree, LLP, can help to ensure that your injury case goes as successfully for you as possible. Fill out the form on this page for a consultation on your case.